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2025 DAILYLAW 53247 (CHH)

Mr. Arun Shrivastava v. STATE OF CHHATTISGARH

CRMP/797/2022 · 2025-05-05

Shri Arvind Kumar Verma

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Judgment text

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1 / 3 2025:CGHC:20781-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 797 of 2022 1 - Mr. Arun Shrivastava S/o Late Shri Vijay Bahadur Aged About 63 Years HIG- 229, Padhmnabhpur, District - Durg , Chhattisgarh 2 - Mr. Ashish Shrivastava S/o Late Shri Vijay Bahadur Aged About 52 Years HIG-C3, MPHP Complex In Front Of Bus Stand, Durg, District - Durg, Chhattisgarh 3 - Ms. Sima Shrivastava W/o Arun Shrivastava Aged About 55 Years HIG-229, Padhmnabhpur, District - Durg, Chhattisgarh., District : Durg, Chhattisgarh ... Petitioners versus 1 – State of Chhattisgarh Through The Secretary, Home Department, New Mantralaya, Mahanadi Bhawan, Atal Nagar, District - Raipur, Chhattisgarh 2 - Ms. Reena Kankde D/o Late Shri Pandharinath Aged About 37 Years Currently Residing At 13/7, Nehru Nagar, Bhilai West, District - Durg, Chhattisgarh ... Respondents For Petitioners : Mr. Goutam Khetrapal, Advocate For State /Respondent No.1 : Mr. Hari Om Rai, Panel Lawyer For Respondent No.2 Mr. Amiyakant Tiwari, Advocate Hon’ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Arvind Kumar Verma, Judge Judgment on Board Per, Ramesh Sinha, C.J. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.05.08 14:55:02 +0530 2 / 3 06/05/2025 1. Heard Mr. Goutam Khetrapal, learned counsel for the Petitioners. Also heard Mr. Hari Om Rai, learned Panel Lawyer for the State/ Respondent No.1 and Mr. Amiyakant Tiwari, learned counsel for Respondent No.2. 2. The petitioners have filed the instant petition with the following prayer:- “It is, therefore most respectfully prayed that this Hon’ble Court may kindly be pleased to allow this petition and quash the FIR dated 07/04/2022 bearing No.0318 of 2022 filed at Thana Supela, Durg (C.G.) under Sections 120-B, 147, 149, 294, 323, 327, 34, 448, 452, 506(B) of the Indian Penal Code, 1860 in respect of all the petitioners, in the interest of justice.” 3. Learned counsel for the petitioner would submit that the charge- sheet in this case has been filed, therefore, he has moved an amendment application for amending the prayer of the petition with regard to the charge-sheet. 4. Though the amendment application has been filed for incorporating the amendment on the ground that the charge-sheet has been filed in the present case but considering the fact with the amendment application the material which has been collected during the course of investigation and the charge-sheet has not been filed. 5. In view of the above, learned counsel for the petitioner seeks permission of the Court to withdraw the instant petition with liberty to 3 / 3 file afresh petition to take recourse of the law with regard to the charge-sheet. 6. In view of the submission made by learned counsel for the petitioners, the instant petition is dismissed as withdrawn with liberty to the the petitioners to take recourse of law with respect to the charge-sheet. SD/- SD/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice ashu